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2001/01/23 City Council Resolution (5)RESOLUTION NO. 2001- 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT OF THE GENERAL PLAN LAND USE MAP AND ARCHITECTURAL AND SITE PLAN REVIEW FOR A 16 -UNIT APARTMENT PROJECT ON A.76 ACRE SITE LOCATED ON THE NORTHERLY SIDE OF EAST COTATI AVENUE, WEST OF CAMINO COLLEGIO (1399 EAST COTATI AVENUE) ( Bijan Madjlessi/Masma Construction) WHEREAS, the applicant, Bijan Madjlessi/Masma Construction, has submitted applications for a General Plan Amendment and Architectural and Site Plan Approvals for a property located on the northerly side of East Cotati Avenue, west of Camino Collegio (1399 East Cotati Avenue); and WHEREAS, the Planning Commission reviewed the Initial Study prepared for the project; determined the project would not have a significant effect on the environment; accordingly directed staff to prepare a Negative Declaration; and has otherwise carried out all requirements of the California Environmental Quality Act; and WHEREAS, pursuant to California State Law, public hearing notices were transmitted to all property owners within a 300 foot radius of the subject property, and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Press Democrat; and WHEREAS, on December 14, 2000, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and, WHEREAS, on January 23, 2001, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and, WHEREAS, the Planning Commission and the City Council of the City of Rohnert Park have reviewed and considered the information contained in the Initial Study, Negative Declaration, General Plan Amendment, and Architectural and Site Plan Review applications for the proposal; and WHEREAS, the City Council of the City of Rohnert Park makes the following findings: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The City Council, in approving Planning Application 1904 (General Plan Amendment and Architectural and Site Plan Approval) makes the following findings; to wit: 1 General Plan Amendment 1904 1. That the proposed site is appropriate for development under the General Plan Land Use Designation of High Density Residential. The proposed apartment project would be complementary to the existing uses in the area. It would function as a good transition use between the commercial use to the east and the multi - family complex to the north and west. It is situated on a major thoroughfare, which is in keeping with the City's practice of locating multi - family developments on larger streets. The site's location adjacent to the existing commercial center to the east would be advantageous for the proposed use. 2. That the proposed General Plan Amendment would be consistent with specific policies in the Land Use and Housing Elements of the General Plan relating to multi family development. The Land Use Element of the City's General Plan directs that housing be provided for all socio - economic groups. It also requires that 15 percent of units within all new multi - family developments be reserved as affordable units, and the developer would be subject to this stipulation. Development of this project would be consistent with these directions and help meet a need for rental housing in Rohnert Park. 3. That a duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendment to the General Plan Land Use Map. Duly noticed public hearings regarding this General Plan Amendment were held by the Planning Commission on December 14, 2000 and by the City Council on January 23, 2001. Architectural and Site Plan Approval 1854 1. That the development's general appearance is compatible with existing development and enhances the cityscape. The proposed project buildings will feature a design that will complement the multi - family complex to the north and west. Visual interest will be provided through the use of trim elements, gabled roofs, decorative vents, and shingle elements. The proposed landscape plan will enhance the streetscape, provide shading, and soften the proposed structures and parking area. 2. That the development incorporates a variation from adjacent structures in height, bulk, and area; arrangement on the parcel; openings or breaks in the fagade facing the street; and /or the line and pitch of the roof. The proposed project buildings will utilize a series of gabled roofs and built -up elements to help break up the horizontal massing of the structures. The structures shall be two -story in height, with the rear buildings containing the covered parking, thereby lessening the need for pavement. The design is varied from that of the adjacent commercial center, which has a stucco finish and a shingled mansard. 3. That the development incorporates a variation in materials from directly adjacent structures. The proposed project buildings will be finished in wood with a composition tile roof. This would be similar to the finishes of the multi - family buildings to the north and west; but a departure from the commercial center building to the east of the project site. 4. That the development will be located and oriented in such a manner so as to provide consistent relationships and avoid the chaos which results from indiscriminate location and K orientation. The proposed arrangement of buildings and access will adequately allow vehicular and pedestrian traffic to move freely through the site. Environmental 1. An Initial Study was prepared for the project, and on the basis of substantial evidence in the whole record before the Council, there is no substantial evidence that the project will have a significant effect on the environment therefore a Negative Declaration will be approved which reflects the lead agency's independent judgement and analysis. The record of the proceeding on which this decision is based shall be maintained by the Planning Director in the City of Rohnert Park Planning Department. 2. The project would not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed by rough grading. There are no native species or plants, no unique, rare, threatened, or endangered species of plants, no sensitive native vegetation on or adjacent to the site. Further, there is no indocation that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this proj ect. Section 3. Environmental Clearance. An Initial Study was prepared for this project and indicates that the project will not have a significant effect on the environment with appropriate mitigation, and accordingly a Negative Declaration, therefore, is hereby adopted. NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve Application No. 1904: General Plan Amendment for .76 acres located on the northerly side of East Cotati Avenue, west of Camino Collegio (1399 East Cotati Avenue), and Architectural and Site Plan Approval for a 16 -unit apartment project (Site Plan dated 10/10/2000), and certification of the Negative Declaration for this project, subject to the following conditions: 1. Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code, the Architectural and Site Plan approval shall expire one year from the Planning Commission approval date, unless an extension is requested and approved. 2. Conformance with Municipal Code and Other Agency Plans — All improvements shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any other applicable relevant plans of affected agencies. 3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments prior to occupancy of the project. 4. Affordability— The applicant shall enter into an affordable housing agreement with the City and sign a deed restriction that reserves at least two (2) of the units for rental to very low - and low - income households as defined in the California Health and Safety Code. At the time of this approval, very -low income households are those with median incomes equal to or less than 50 percent of the median area income and low - income households are those with median incomes equal to or less than 80 percent of the median area income. This restriction shall be in effect for a minimum period of 30 years beyond the initial occupancy 3 of the project. The affordable housing agreement shall indicate the standards for maximum qualifying household incomes and maximum rental rates for the affordable units, the party responsible for verifying incomes, how vacancies will be marketed and filled, restrictions binding on the property upon sale or transfer, maintenance provisions, and any other information required by the City to comply with the conditions of approval for this project. 5. Site Plan and Building Elevations a. All improvements shall be in substantial conformance with approved Site Plan, Exterior Elevations, Landscape Plan and Colors & Materials board, except as modified herein. b. A landscaped berm shall be provided along the East Cotati Avenue frontage to provide buffering between the project and this roadway. C. One additional uncovered parking space shall be provided on -site for guest parking use. (Addressed by Revised Site Plan dated 1/10/2001.) d. The developer shall enter into a reciprocal access agreement with the adjacent apartment property owner to allow the project to utilize the proposed access points from that property into the subject site. e. The design of all entrances to the site shall be subject to Department of Public Safety approval. f. The developer shall modify the building footprints along East Cotati Avenue so that a minimum 20 -foot setback is achieved. (Addressed by Revised Site Plan dated 1/10/2001.) g. A horizontal element or other design feature shall be added to all sides of the buildings which do not feature balconies or overhanging trellis elements. (Addressed by Revised Site Plan dated 1/10/2001.) h. The masonry wall along the site's easterly property line shall be completed to a uniform height and extended towards the street and stepped down to a maximum 3 foot height within the front yard setback, with final design subject to approval by the Planning Director. In addition, the existing walls shall be modified so as to allow the two new access points into the subject site. i. The buildings facing East Cotati Avenue shall be constructed so as to minimize noise impacts on residents generated by traffic on that roadway. This may include the use of double -pane glazing, enhanced insulation, or other methods as approved by Staff. j. All windows are to be weather - stripped and mounted in low air infiltration rate frames. k. Air conditioning or mechanical ventilation shall be provided to allow occupants to close windows and doors for adequate noise isolation. The ground- mounted air conditioning units proposed shall be screened from public view by a combination of masonry walls and landscaping, with the final design subject to Staff approval. Any roof - mounted mechanical equipment shall be concealed so as not to be visible from public view. El 1. Handicapped parking shall be provided in accordance with the latest ADA requirements. m. Adequate space and racks for bicycle parking shall be provided. n. The building shall utilize illuminated address signs that can be clearly read from the adjacent rights -of -way. o. The trash enclosure shall be finished to match the buildings and provided with a decorative trim cap. The enclosure shall be designed so that it is large enough to accommodate recycling bins. 6. Landscape Plan a. Prior to the issuance of any building permits, revised landscape and irrigation plans shall be submitted to and approved by the Director of Planning and Community Development and the City Engineer. Such plans shall be in substantial conformance with the plan submitted as a part of this application, with the following modifications: i. 3 -4 trees shall be added to the northerly planting strip. ii. The frontage landscaping shall be designed so as to visually complement and blend into the adjacent commercial center's landscaping. b. All trees within five feet of the public right -of -way shall have root barriers that are approved by the Director of Planning and Community Development. C. A permanent automatic sprinkler shall be installed to maintain all landscape materials and areas. 7. Li htin a. Project lighting shall be reviewed and approved by Staff. b. All exterior lighting shall be designed so as to prevent any spillover lighting to adjacent properties and rights -of -way. C. Roof - mounted lights are prohibited on the building if they are placed so as to silhouette the building and roof. d. All building entrances shall include recessed or soffit lights. 8. Signs a. All signs shall be submitted to the Planning and Community Development Department for review and approval. 9. Off -Site Improvements a. The developer shall work with the adjacent apartment property owner to relocate any parking spaces on the adjacent property which are affected by the new access points. b. The developer shall pay all applicable traffic signalization fees. 10. Site Improvements All double -check valves provided for domestic water and fire sprinkler systems shall be concealed from any public streets and parking lots with decorative walls, 5 landscaping, and mounding. Plans shall be submitted to the Planning and Community Development Department and City Engineer for review and approval. a. All utilities shall be placed underground. b. Water and sewer service shall not be provided unless the City Engineer advises that the City has ample capacity to serve the development. C. All parking areas, driveways, and open storage areas shall be paved with asphalt surfacing. All site work, including curbs, gutters, sidewalks and berms separating landscape areas shall be concrete. All plans shall be prepared in accordance with City standards and submitted to and approved by the City Engineer. d. The on -site drainage system shall be designed in accordance with Sonoma County Water Agency's design standards. e. The developer shall submit a current soils report to the City Engineer for review and approval prior to issuance of building permits. 11. Construction Mitigation a. The developer shall ensure that a water truck is on site during construction and grading to suppress the dust to an acceptable level. b. The developer shall comply with construction hours pursuant to Municipal Code Section 9.44.120. C. The developer shall submit to and secure approval from the City Engineer for a haul route. 12. Other Agencies a. The drainage design for the project shall be in compliance with the Sonoma County Water Agency's Flood Control Design Criteria. DULY AND REGULARLY ADOPTED on this 23rd day of January , 2001, by the City of Rohnert Park City Council by the following vote: City of Rohnert Park Attest: a_t4,o� puty A Clerk FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) I